Roman Law and EU Treaties Quiz
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Questions and Answers

Which treaty transformed the European Community into the EU?

  • Maastricht Treaty (correct)
  • Lisbon Treaty
  • Treaty of Versailles
  • Rome Treaty

The collapse of the communist bloc had no impact on the expansion of the EU.

False (B)

What is the primary focus of the book mentioned in the content?

Civil Law

The collection of Roman law by Byzantine Emperor Justinian is known as the ______.

<p>Corpus Iuris Civilis</p> Signup and view all the answers

What was a significant source of inspiration for the codification of civil law in continental Europe?

<p>French code civil (A)</p> Signup and view all the answers

Common law systems are primarily based on codification.

<p>False (B)</p> Signup and view all the answers

Match each historical figure with their contribution to Roman culture:

<p>Livy = Historian who wrote about Rome's founding myths Virgil = Poet who depicted the importance of Aeneas Justinian = Emperor known for the Corpus Iuris Civilis Romulus = Legendary founder of Rome</p> Signup and view all the answers

What two legal traditions are contrasted in the content?

<p>Civil law and common law</p> Signup and view all the answers

What event marked the beginning of the Roman Republic?

<p>The driving out of the last king in 509 BC (C)</p> Signup and view all the answers

The Etruscans formed a unified state that dominated early Rome.

<p>False (B)</p> Signup and view all the answers

Who were the leaders of the clans in early Roman society?

<p>pater familias</p> Signup and view all the answers

In 451 BC, the codification of the law of the __________ took place to reduce the priesthood's power.

<p>Twelve Tables</p> Signup and view all the answers

Match the following terms with their descriptions:

<p>Patricians = Wealthy leaders and property owners Plebeians = Ordinary people of Roman society Quastor = Financial administrator in the Roman Republic Tribune = Representative for the plebeians</p> Signup and view all the answers

Which class initially held political power in the early Roman Republic?

<p>Patricians (D)</p> Signup and view all the answers

The laws created by plebeian tribunes became applicable only to plebeians.

<p>False (B)</p> Signup and view all the answers

What major struggle marked the early years of the Roman Republic?

<p>Class struggle between patricians and plebeians</p> Signup and view all the answers

What was one reason for the Roman Army's placement closer to the Mediterranean during the 3rd century crisis?

<p>To manage limited resources more effectively (B)</p> Signup and view all the answers

The bureaucracy during the crisis moved further away from the front lines to improve military response.

<p>False (B)</p> Signup and view all the answers

Who became emperor in 284 and is credited with resolving the crisis of the 3rd century?

<p>Diocletian</p> Signup and view all the answers

Constantine the Great built __________ as the new capital in the east.

<p>Constantinople</p> Signup and view all the answers

What was a consequence of the increased taxes during the army's expansion?

<p>A loosening of ties between Romanised elites and the empire (A)</p> Signup and view all the answers

Match the following emperors with their significant contributions:

<p>Diocletian = Established the Dominate Constantine the Great = Built Constantinople Augustus = Created the principate Nerva = Initiated the Five Good Emperors</p> Signup and view all the answers

How was the emperor viewed after Constantine's rule?

<p>As God's vicar on Earth</p> Signup and view all the answers

The western Roman Empire disintegrated rapidly between the years 376 and 476.

<p>True (A)</p> Signup and view all the answers

What does 'fas' refer to in Roman law?

<p>The relationship between gods and men (D)</p> Signup and view all the answers

Ius Civile applies to the relationship between Roman citizens and foreigners.

<p>False (B)</p> Signup and view all the answers

What event marked a turning point in early Roman law?

<p>The Law of the Twelve Tables</p> Signup and view all the answers

The two-stage procedure of civil procedure in Roman law begins with the stage in ______.

<p>iure</p> Signup and view all the answers

Match the types of Roman law with their descriptions:

<p>Fas = Governing relationship between gods and men Ius Civile = Rules for relationships among Roman citizens Ius Gentium = Law applicable to disputes involving foreigners The Law of the Twelve Tables = A significant codification of private and criminal law</p> Signup and view all the answers

What was the role of the priest in the first stage of the civil procedure?

<p>To determine if the case fell under ius civile (D)</p> Signup and view all the answers

Ius Gentium was developed during the late republic as a kind of universal law.

<p>True (A)</p> Signup and view all the answers

What were litigations primarily based on in Roman civil procedures?

<p>Witness statements and oral pleadings</p> Signup and view all the answers

What was the primary purpose of the emperor's laws of citation?

<p>To enforce the authority of certain authors (D)</p> Signup and view all the answers

Justinian allowed other scholarly opinions to be cited in legal cases.

<p>False (B)</p> Signup and view all the answers

What is the name of the important work compiled by Justinian that became the sole source of law?

<p>Corpus Ius Civiles</p> Signup and view all the answers

The codex __________ was established in 529 and aimed to replace existing codes.

<p>Justinianus</p> Signup and view all the answers

Match the following codices with their respective dates:

<p>Codex Hermogianus = 295 Codex Gregorianus = 291 Codex Theodosianus = 438 Codex Justinianus = 529</p> Signup and view all the answers

What was a significant change in Roman law during the late Republic?

<p>Development of autonomous legal science and ius gentium (A)</p> Signup and view all the answers

The sophists believed that law was immutable and eternal.

<p>False (B)</p> Signup and view all the answers

Who was responsible for interpreting and amending the legis actones in Roman law?

<p>The priest</p> Signup and view all the answers

Socrates is known for elevating dialogue into an art form due to his constant __________.

<p>questioning</p> Signup and view all the answers

Match the philosophers with their contributions or views:

<p>Socrates = Constant questioning and dialogue Plato = The World of Ideas Aristotle = Empirical science Antiphon = Human law subject to volition</p> Signup and view all the answers

Which of the following statements accurately represents Plato's view?

<p>True knowledge is ingrained in man but is hard to access. (C)</p> Signup and view all the answers

The lex aquilia was a common legal remedy introduced frequently in Roman law.

<p>False (B)</p> Signup and view all the answers

The main contribution of Greek dialectical logic to Roman jurisprudence was its role in the emergence of __________.

<p>legal science</p> Signup and view all the answers

Flashcards

Roman Regal Period

The period in Roman history marked by the rule of kings.

Etruscan Civilization

A loose federation of city-states in ancient Italy, including Rome.

Roman Revolution of 509 BC

The overthrow of the Etruscan kings and the establishment of the Roman Republic in 509 BC.

Roman Gentes

Powerful clans in early Roman society, each led by a "pater familias" (father of the family).

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Patricians

The wealthy and powerful class in early Rome, who held most of the land and political power.

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Plebeians

The common people in early Rome, who had fewer rights and less political influence.

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Roman Senate

The highest governing body in the Roman Republic, composed of elder statesmen and advisors.

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Law of the Twelve Tables

The codification of Roman law in 451 BC, reducing the power of the priests and making the law more accessible to the people.

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EU formation and Expansion

The European Union (EU) was formed in 1992 with the Maastricht Treaty which transformed the European Community into the EU. This event, along with the expansion of the EU eastward following the collapse of the Soviet Union, marked a significant step toward European integration.

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Unified European Law

The idea of a unified European law is central to the process of integrating Europe. This concept involves having a common set of rules and principles for private law across all member states.

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European 'ius commune'

A 'ius commune' refers to a common body of law that applies to a specific region or group. In the context of Europe, there is an ongoing effort to establish a 'ius commune' for private law.

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Challenges to European Law

The establishment of a European 'ius commune' faces challenges, including the reluctance of nations to relinquish control over their justice systems and internal security. This raises concerns about preserving national sovereignty.

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Civil Law

The Roman legal system, known as 'civil law,' is rooted in the rediscovery of Roman law during the Middle Ages. It is characterized by comprehensive legal codes and a focus on legislation as the primary source of law.

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Common Law

English common law developed independently from Roman law. It emphasizes precedents (judicial decisions) and custom as primary sources of law rather than codified statutes.

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Corpus Iuris Civilis

The Corpus Iuris Civilis, a collection of Roman law compiled under the Emperor Justinian, served as a foundational text for the development of civil law in Europe. It influenced legal systems across Europe.

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Roman Law in England

The influence of Roman law was less pronounced in England compared to other parts of Europe. Instead, English law developed its own system based on case law and custom.

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Roman 3rd Century Crisis

The 3rd century crisis in the Roman Empire (235-284) was a period of significant instability and upheaval, marked by frequent changes of emperors, civil wars, and external threats.

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Roman Army Placement

The Roman army was initially positioned closer to the Mediterranean Sea during the 3rd century crisis. This strategy aimed to protect the heart of the empire, but it left the northern and eastern borders vulnerable to Germanic tribes and Persian invasions.

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Diocletian's Reforms

Diocletian's reforms, implemented between 284 and 305, aimed to stabilize the Roman Empire during the 3rd century crisis. These reforms included a strengthened military, a more centralized administration, and the division of the empire into two halves.

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Constantine the Great

Constantine the Great (reigned 324-337) played a significant role in shaping the later Roman Empire. He embraced Christianity as the official religion, built Constantinople as the new eastern capital, and reunited the empire.

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Roman Dominate

The Dominate, a period in Roman history, marked a shift from a republic to a fully centralized monarchy.

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Emperor as Dominus et Deus

The Dominate era saw the emperor become a powerful absolute ruler, seen as both the master and deity of the state.

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Senatorial Order Under the Dominate

The Senate, once a powerful body in the Roman Republic, lost its political influence under the Dominate, becoming less significant in the empire's political structure.

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Shift in Power Legitimization

From a republic to a monarchy, the Roman Empire's system of legitimizing power evolved. The shift from an ascending theory of power based on consent to a descending theory of power based on divine right was a key characteristic of the Dominate

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Private Enforcement in Roman Law

The practice in Rome where individuals were responsible for upholding and enforcing legal rulings and judgments.

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Limited Legal Remedies in Roman Law

A system where courts in Rome could only address legal issues with existing specific legal remedies. New remedies were rarely created.

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Priest's Role in Roman Law

The priest in Roman society held significant power to interpret and amend legal principles known as 'leges actiones'.

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Emergence of Autonomous Legal Science and Ius Gentium

A crucial step in the evolution of Roman law where legal principles became more independent and a new body of law reflecting international trade and interactions emerged.

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Influence of Greek Philosophy on Roman Law

The adoption of Greek philosophical ideas, particularly dialectical logic, played a significant role in shaping Roman legal thought.

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The Sophists

A school of Greek philosophers who challenged the divine origin of law, arguing instead that its basis lay in the consent of citizens.

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Mutability of Law

The concept that law is not absolute and can be modified or changed by human will, a notion championed by the Sophists.

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Socrates and Dialogue

The development of dialogue as a form of intellectual exploration, as made famous by Socrates, who constantly questioned and debated ideas.

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Fas

The set of rules governing the relationships between gods and men in Roman society. Offending these rules was considered 'nefas' (taboo) and could bring divine wrath upon the entire population.

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Ius Civile

The rules governing the relationships between Roman citizens. Breaking these rules constituted an 'inuria' (wrong), which was generally enforced by the aggrieved citizen.

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Ius Gentium

Laws governing interactions between Roman citizens and foreigners, developed during the late Republic. This was a form of universal private law.

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The Law of the Twelve Tables

The Law of the Twelve Tables (450 BC) was meant to curtail the priests' influence in lawmaking and solidify traditional Roman law. It primarily contained rules regarding private, criminal, and procedural law, with a few rules addressing constitutional and religious matters.

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Legis Actio

The two-phase process used in Roman civil procedure. It involved a first phase ('in iure') before a priest to determine if the case could be tried, and a second phase ('apud iudicem') before a judge to hear evidence and reach a verdict.

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Stage in Iure

The first stage of the legis actio procedure, where a priest determined if a dispute fell under the provisions of 'ius civile' and could be brought to trial.

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Stage Apud Iudicem

The second stage of the legis actio procedure, where the case was heard before a judge or judges, evidence was presented, and a verdict was reached.

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Witness Statements and Oral Pleadings

The primary form of evidence in Roman legal proceedings, relying on witness testimonies and oral arguments. This reflects the importance of oral communication in ancient Roman society.

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Codex Justinianus

The collection of Justinian's imperial constitutions, providing a comprehensive set of laws.

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Digest (Pandects)

A collection of writings from prominent Roman jurists, including Papinian, Ulpian, Paul, Modestinus, and Gaius, that served as a valuable resource for legal interpretation.

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Institutes

A textbook intended to introduce students to Roman Law, offering a systematic introduction to legal concepts and principles.

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Law of Citations

A process implemented by Roman Emperors to give order to the mass of scholarly opinions in legal disputes by limiting which jurists could be quoted in legal arguments.

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Study Notes

  • Two crucial events accelerated European integration: the Maastricht Treaty (1992) and the collapse of the communist bloc, leading to EU expansion eastward.
  • This fostered the idea of a unified European private law (ius commune).
  • Many European legal academics advocated for a common European private law in the 1990s.
  • Criticism exists regarding the relinquishment of national authority over justice and security, and the differences between civil law (continental Europe) and common law (England).
  • Continental European legal codes draw from the French Code Civil and the German BGB models.
  • Codification in Continental Europe did not break from pre-codification laws.
  • Civil law originated in the 11th century's rediscovery of Roman law. The Corpus Juris Civilis, compiled by the Byzantine Emperor Justinian, played a key role, along with canon law, in shaping the ius commune.
  • Common law in England was less affected by Roman law. Codification was rejected, with a system of private law established through custom and case law.

Ancient Roman Law

  • Roman culture consciously adopted Greek elements but modified them to their own liking.
  • Roman contributions significantly influenced European law, as evidenced by a pragmatic legal outlook.
  • The regal period of Roman history involved seven kings, including three Etruscan kings.
  • The Etruscans' influence on early Rome was significant, with Rome eventually emerging from a loose federation of city-states.
  • The kings' expansion of military and political power led to the Roman Republic's establishment in 509BC.
  • The Roman population was organized into clans (gentes), led by the pater familias (family leader). Initially,clan property was held collectively, but gradually leadership claimed more, leading to patrician and plebeian classes.
  • The republic saw magistrates elected annually to replace the king's power, initiating a struggle between patricians and plebeians.
  • The plebeians, eventually gaining power, introduced plebeian tribunes and laws that benefited them. Roman law evolved toward greater equity through these reforms.
  • The Twelve Tables (450 BCE) marked a turning point, codifying Roman law to make it accessible to all citizens. Originally focused on private law, criminal law, and procedure, the Twelve Tables eventually incorporated elements of constitutional and sacral (religious) law.

Roman Republic

  • The Romans expanded from Italy through the Mediterranean, characterized by a strong military and their capacity for absorbing conquered populations.
  • Between 300 BC and 0 AD, Romans controlled the Mediterranean, largely due to military success, assimilation of conquered peoples, and effective administration.
  • Roman administration was initially based on city-state models, giving much local autonomy to conquered territories.
  • Three important Roman legal institutions during the Republic included the king, the senate, and the popular assemblies.
  • Eventually the Senate became the dominant institution.
  • The Republic's later periods saw conflicts, culminating in civil wars and the rise of Julius Caesar.

Late Republic and Principate

  • Political turmoil and civil wars marked the late Roman Republic.
  • The Roman administration of justice evolved, and legal specialists (jurists) gained prominence.
  • The Preator's role and the use of edicts increased, leading to more flexible and adaptable law.
  • The Roman Empire's growth created the need for standardized laws, leading to the development of codified Roman law.
  • The rise of the emperor led to a shift in how law was produced and interpreted. The aim of jurisprudence at the time was "suum cuique tribuere" ("to each his due")

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